1 total
Parens patriae jurisdiction invoked to grant ex parte investigative orders to locate allegedly abducted children.
The applicant brought an ex parte motion for investigative and protective orders under the Children's Law Reform Act and the Hague Convention after the respondent allegedly removed the parties' children from Mexico in breach of a non-removal order.
The applicant's investigator indicated the children arrived in Canada, but the respondent may have subsequently left the country without them.
The court found it lacked jurisdiction under the CLRA without confirmatory evidence of the children's physical presence in Ontario.
However, the court invoked its inherent parens patriae jurisdiction to grant investigative orders directing the Ontario Central Authority to assist in locating the children, reserving the protective orders until further evidence of their whereabouts is filed.
